Preview
Alejandro P. Gufierrez, SBN 107688
1 agutierrez@hathawaylawfirm. com
HATHAWAY, PERRETT, WEBSTER, POWERS,
2 CHRISMAN & GUTIERREZ, APC
5450 Telegraph Road, Suite 200
FILED/ENDORSED
3 Ventura, CA 93006-3577
Telephone: (805) 644-7111 DEC t 3 2019
4 Facsimile: (805) 644-8296
By:. A. Macias
5 Daniel J. Palay, SBN 159348 Deputy Clerk
djp@calemploymentcounsel. com
6 Brian D. Hefelfinger, SBN 253054
bdh@calemploymentcounsel. com
7 PALAY HEFELFINGER, APC
1746 S. Victoria Avenue, Suite 230
8 Ventura, Califomia 93001
Tel: (805) 628-8220
9 Fax: (805) 765-8600
Attorneys for Plaintiff JOHN BOUDREA U
10 and the Putative Class
11
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
FOR THE COUNTY OF SACRAMENTO (UNLIMITED)
14
15 JOHN BOUDREAU, an individual, on behalfof CASENO.: 34-2018-00247272
himself and all others similarly situated.
16 Complaint filed: Dec. 27, 2018
Plainfiffs, Assigned to Dept. 14, Hon. Tami R. Bogert
17
vs. DECLARATION OF BRIAN
18 HEFELFINGER IN SUPPORT OF
PRIMERITUS FINANCIAL SERVICES, INC., a
19 Delaware Corporation; CHRIS MCGUINNESS, PLAINTIFF'S MOTION FOR CLASS
an individual; and DOES 1 through 10, inclusive. CERTIFICATION
20
Defendants. Date: February 3, 2020
21 Time: 9:00 a.m.
22 Dept:
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DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
DECLARATION OF BRIAN D. HEFELFINGER
1
2 I, Brian D. Hefelfmger, declare as follows:
3 1. I am an attomey at law qualified to practice before the state and federal courts in
4 Califomia. I am one of the attomeys of record for Plaintiff in the above-entitled action. I have personal
5 knowledge of the facts stated in this declaration and if called upon, I would and could testify competently
6 thereto. I make this declaration in support of Plaintiffs' Motion for Class Certification.
7 2. I have been an attomey since 2007. Since then, I have been involved in lifigating multiple
8 class action cases. I started working with my co-counsel back in 2011, when I joined the then-named
9 Palay Law Firm (previously, McTague & Palay). All of the firms involved, including my own firm,
10 have a strong emphasis in employee-related litigation on a class-wide basis.
11 3. My law firm, Palay Hefelfinger, APC has extensive experience in successful prosecution of
12 wage class action matters. Palay Hefelfmger, APC has a strong emphasis in employee-related litigation
13 on a class-wide basis. The Firm has resolved several certified class action matters and continues to
14 represent individuals in presently-certified class actions and pending certification matters. All of these
15 class action cases have involved employee-related wage claims, including those similar if not identical
16 to the causes of action as presented in this subject matter.
17 4. Mr. Daniel J. Palay, the founder of the Firm, is my co-worker and has been for many
18 years a colleague and mentor in wage-and-hour class actions. Mr. Palay has personally handled well
19 over fifty wage-and-hour class actions. Numerous courts throughout the state have appointed him class
20 counsel, including the following cases: Kem County Superior Court cases Calvillo v. Diamond Well
21 Service, S-1500-CV 259751; Candete v. Cummings Transportation Service, S-1500-CV 264301; Carter
22 V. BiScL Tongs, LLC, S-1500-CV-258154 SPC; and Gutierrez v. Halliburton Energy Services, Inc., S-
23 1500-CV-257557 SPC; Los Angeles County Superior Court case Henson v. Searles Valley Minerals
24 Operations, Inc., BC404330; San Francisco Superior Court case Icard v. Ecolab, Inc., CGC-09-495344;
25 Solano County Superior Court case Kenton v. PGD, FCS 029221; and Ventura County Superior Court
26 cases Bautista v. Alliance Environmental Group, 56-2009-00357772-CU-OE-VTA; Barragan v.
27 Republic Drilling Co., 56-2007-00286959-CU-OE-VTA; Cortez v. Pool California Energy Services,
28 Inc., CIV 222363; Gonzalez v. Key Energy Services, Inc., CIV 236497; Hemosillo v. Kenai Drilling,
DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
1 Ltd., CIV 237210; Hiriarte v. Weatherford U.S, LP., CIV 247425; Howe v. BTC Laboratories, Inc.,
2 CIV 233988; Roe v. Ecolab, Inc., CIV 233936; and Vasquez v. DCH (Oxnard) Inc., CIV 243055. Mr.
3 Palay is responsible for securing some of the largest, known per-claimant class action settlements in
4 Califomia history.
5 5. The Firm's attomeys have been appointed as Class Counsel for settlement purposes in
6 many other wage-and-hour class actions, including but not limited to: Derousseau v. Schlumberger
7 Technology Corp., Kem County Superior Court case number S-1500-CV-271514; Vasquez v. DCH
8 (Oxnard) Inc., Ventura County Superior Court case number CIV 243055; Bautista v. Alliance
9 Environmental Group, Ventura County Superior Court case number 56-2009-00357772-CU-OE-VTA;
10 Pagel V. Dairy Farmers of America, Inc., CD. Califomia Case No. 2:13-cv-02382-SVW (VBK); Ladore
11 V. Ecolab, Inc., CD. Califomia Case No. 2:11-cv- 09386 (FMO); Ross v. Ecolab, /«c.,N.D. Califomia
12 Case No. 4:13-cv-05097-PJH; Martino v. Ecolab Inc., N.D. Califomia Case No. 3:14-cv-04358-VC;
13 Zavala v..Resource Staffing, Inc., et a l , Kem County Superior Court Case No. S-1500-CV-278358
14 LHB; Wawryk v. Zoom Media Corp., Los Angeles Superior Court Case No. BC561047; Berry et al v.
15 DCOR, LLC, CD. Califomia Case No. 2:15-cv-02792.
16 6. The Firm's attomeys have also resolved numerous class action matters. All of these class
17 action cases have involved employee-related wage claims, including those similar to the causes of action
18 as presented in this matter. Examples in which the Firm's attomeys have represented or currently
19 represent class members include: Alameda County Superior Court case Britto v. Alliance Environmental
20 Group, VG-10553718; Kem County Superior Court cases Calvillo v. Diamond Well Service, S-1500-
21 CV 259751; Candete v. Cummings Transportation Service, S-1500-CV 264301; Carter v. B&L Tongs,
22 LLC, S-1500-CV-258154 SPC; and Gutierrez v. Halliburton Energy Services, Inc., S-1500-CV-257557
23 SPC; Los Angeles Coimty Superior Court case Henson v. Searles Valley Minerals Operations, Inc.,
24 BC404330; San Francisco Superior Court case Icard v. Ecolab, Inc., CGC-09-495344 (removed as N.D.
25 Case No. 13-cv-05097-PJH); Solano County Superior Court case Kenton v. PGD, FCS 029221; and
26 Ventura County Superior Court cases Bautista v. Alliance Environmental Group, 56-2009-00357772-
27 CU-OE-VTA; Barragan v. Republic Drilling Co., 56-2007-00286959-CU-OE-VTA; Cortez v. Pool
28 California Energy Services, Inc., CIV 222363; Gonzalez v. Key Energy Services, Inc., CIV 236497;
3
DECLARATION OF BRUN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
1 Hemosillo v. Kenai Drilling, Ltd., CIV 237210; Hiriarte v. Weatherford U.S., LP., CIV 247425; Howe
2 V. BTC Laboratories, Inc., CIV 233988; Roe v. Ecolab, Inc., CIV 233936; Vasquez v. DCH (Oxnard)
3 Inc., CIV 243055; Ladore v. Ecolab, Inc., Case No. 2:11-cv- 09386 (FMO); Sean Pagel v. Dairy
4 Farmers of America, Inc., CD. Cal. Case No. 13-cv-02382-SVW-VBK; Zavala v. Resource Staffing,
5 Inc. et al, Kem County Case No. S-1500-CV-278358 LHB.
6 7. Prior to forming Palay Hefelfmger APC with Mr. Daniel J. Palay, I worked as an
7 associate attomey, and later of-counsel, at Strauss & Palay APC. In this capacity, all of my practice was
8 devoted to employment litigation on behalf of employees. Prior to this, I worked as an associate attomey
9 at Nordman Cormany Hair & Compton LLP, a comprehensive civil litigation firm in Ventura County,
10 Califomia. For the last several years, I have spent 95% of my time handling employment cases on behalf
11 of employees-only. I dedicate my practice to representing employees in mostly wage-and-hour and
12 related disputes.
13 8. I received an undergraduate degree from Califomia Institute of Technology in 2004. I
14 received my law degree from Pepperdine University School of Law in May of 2007. 1 was admitted to
15 the Califomia Bar in December 2007. Since my admission to the Bar, I have always practiced civil
16 litigation, including employment litigation. I am admitted to practice before all courts within Califomia,
17 including the District Courts of all four districts. I also am admitted and have appeared before the Ninth
18 Circuit Court of Appeals.
19 9. I have represented many plaintiffs in employment law matters, and also have been
20 appointed as Class Counsel in several wage-and-hour class actions. I have been involved in the local
21 community and bar associations and have been named as a Southem Califomia Rising Star
22 (Employment Litigation - Plaintiffs) by Super Lawyers® magazine as well as a Super Lawyer by the
23 publication.
24
I declare under penalty of perjury and under the laws of the United States of America that the
25
foregoing is tme and correct. Executed this 12th day of December 2019, at Ventura, Califomia
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28 Brian D. Hefelfin
DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
PROOF OF SERVICE
1
2 I am employed in the County of Ventura, State of Califomia. I am over the age of
eighteen (18) years and not a party to the within action. My business address is 5450
3 Telegraph Road, Suite 200, Ventura, Califomia 93003.
4
On the date below, I caused to be served the foregoing document DECLARATION
5 OF BRIAN HEFELFINGER IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS
CERTIFICATION on the interested parties in said action by placing the tme copies
6 thereof enclosed in sealed envelopes addressed as follows:
7
Keith A. Jacoby Attorneys for Defendants, Primeritus
8 Bradley E. Schwan
Littler Mendelson, PC Financial Services and Chris
9 2049 Centtiry Park East, 5"' Floor McGinness
10 Los Angeles, CA 90067-3107
Tel: (310) 553-0308 / Fax: (310) 553-5583
11 kjacoby@littler.com/bschwan@littler.com
12 Nathaniel H. Jenkins
Littler Mendelson, PC
13 500 Capitol Mall, Suite 2000
14 Sacramento, CA 95814
Tel: (916) 830-7200 / Fax: (916) 561-0828
15 njenkins@littler.com
16
17 (BY MAIL) I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S.
18 Postal Service on that same day with postage thereon fully prepaid at Ventura
Califomia in the ordinary course of business.
19
20 I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is true and correct.
21
22 Executed on December 12, 2019, at Ventura, Califomia.
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24
Coleen De Leon
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DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
Preview
Alejandro P. Gufierrez, SBN 107688 1 agutierrez@hathawaylawfirm. com HATHAWAY, PERRETT, WEBSTER, POWERS, 2 CHRISMAN & GUTIERREZ, APC 5450 Telegraph Road, Suite 200 FILED/ENDORSED 3 Ventura, CA 93006-3577 Telephone: (805) 644-7111 DEC t 3 2019 4 Facsimile: (805) 644-8296 By:. A. Macias 5 Daniel J. Palay, SBN 159348 Deputy Clerk djp@calemploymentcounsel. com 6 Brian D. Hefelfinger, SBN 253054 bdh@calemploymentcounsel. com 7 PALAY HEFELFINGER, APC 1746 S. Victoria Avenue, Suite 230 8 Ventura, Califomia 93001 Tel: (805) 628-8220 9 Fax: (805) 765-8600 Attorneys for Plaintiff JOHN BOUDREA U 10 and the Putative Class 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SACRAMENTO (UNLIMITED) 14 15 JOHN BOUDREAU, an individual, on behalfof CASENO.: 34-2018-00247272 himself and all others similarly situated. 16 Complaint filed: Dec. 27, 2018 Plainfiffs, Assigned to Dept. 14, Hon. Tami R. Bogert 17 vs. DECLARATION OF BRIAN 18 HEFELFINGER IN SUPPORT OF PRIMERITUS FINANCIAL SERVICES, INC., a 19 Delaware Corporation; CHRIS MCGUINNESS, PLAINTIFF'S MOTION FOR CLASS an individual; and DOES 1 through 10, inclusive. CERTIFICATION 20 Defendants. Date: February 3, 2020 21 Time: 9:00 a.m. 22 Dept: 23 24 25 26 27 28 1 DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION DECLARATION OF BRIAN D. HEFELFINGER 1 2 I, Brian D. Hefelfmger, declare as follows: 3 1. I am an attomey at law qualified to practice before the state and federal courts in 4 Califomia. I am one of the attomeys of record for Plaintiff in the above-entitled action. I have personal 5 knowledge of the facts stated in this declaration and if called upon, I would and could testify competently 6 thereto. I make this declaration in support of Plaintiffs' Motion for Class Certification. 7 2. I have been an attomey since 2007. Since then, I have been involved in lifigating multiple 8 class action cases. I started working with my co-counsel back in 2011, when I joined the then-named 9 Palay Law Firm (previously, McTague & Palay). All of the firms involved, including my own firm, 10 have a strong emphasis in employee-related litigation on a class-wide basis. 11 3. My law firm, Palay Hefelfinger, APC has extensive experience in successful prosecution of 12 wage class action matters. Palay Hefelfmger, APC has a strong emphasis in employee-related litigation 13 on a class-wide basis. The Firm has resolved several certified class action matters and continues to 14 represent individuals in presently-certified class actions and pending certification matters. All of these 15 class action cases have involved employee-related wage claims, including those similar if not identical 16 to the causes of action as presented in this subject matter. 17 4. Mr. Daniel J. Palay, the founder of the Firm, is my co-worker and has been for many 18 years a colleague and mentor in wage-and-hour class actions. Mr. Palay has personally handled well 19 over fifty wage-and-hour class actions. Numerous courts throughout the state have appointed him class 20 counsel, including the following cases: Kem County Superior Court cases Calvillo v. Diamond Well 21 Service, S-1500-CV 259751; Candete v. Cummings Transportation Service, S-1500-CV 264301; Carter 22 V. BiScL Tongs, LLC, S-1500-CV-258154 SPC; and Gutierrez v. Halliburton Energy Services, Inc., S- 23 1500-CV-257557 SPC; Los Angeles County Superior Court case Henson v. Searles Valley Minerals 24 Operations, Inc., BC404330; San Francisco Superior Court case Icard v. Ecolab, Inc., CGC-09-495344; 25 Solano County Superior Court case Kenton v. PGD, FCS 029221; and Ventura County Superior Court 26 cases Bautista v. Alliance Environmental Group, 56-2009-00357772-CU-OE-VTA; Barragan v. 27 Republic Drilling Co., 56-2007-00286959-CU-OE-VTA; Cortez v. Pool California Energy Services, 28 Inc., CIV 222363; Gonzalez v. Key Energy Services, Inc., CIV 236497; Hemosillo v. Kenai Drilling, DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 1 Ltd., CIV 237210; Hiriarte v. Weatherford U.S, LP., CIV 247425; Howe v. BTC Laboratories, Inc., 2 CIV 233988; Roe v. Ecolab, Inc., CIV 233936; and Vasquez v. DCH (Oxnard) Inc., CIV 243055. Mr. 3 Palay is responsible for securing some of the largest, known per-claimant class action settlements in 4 Califomia history. 5 5. The Firm's attomeys have been appointed as Class Counsel for settlement purposes in 6 many other wage-and-hour class actions, including but not limited to: Derousseau v. Schlumberger 7 Technology Corp., Kem County Superior Court case number S-1500-CV-271514; Vasquez v. DCH 8 (Oxnard) Inc., Ventura County Superior Court case number CIV 243055; Bautista v. Alliance 9 Environmental Group, Ventura County Superior Court case number 56-2009-00357772-CU-OE-VTA; 10 Pagel V. Dairy Farmers of America, Inc., CD. Califomia Case No. 2:13-cv-02382-SVW (VBK); Ladore 11 V. Ecolab, Inc., CD. Califomia Case No. 2:11-cv- 09386 (FMO); Ross v. Ecolab, /«c.,N.D. Califomia 12 Case No. 4:13-cv-05097-PJH; Martino v. Ecolab Inc., N.D. Califomia Case No. 3:14-cv-04358-VC; 13 Zavala v..Resource Staffing, Inc., et a l , Kem County Superior Court Case No. S-1500-CV-278358 14 LHB; Wawryk v. Zoom Media Corp., Los Angeles Superior Court Case No. BC561047; Berry et al v. 15 DCOR, LLC, CD. Califomia Case No. 2:15-cv-02792. 16 6. The Firm's attomeys have also resolved numerous class action matters. All of these class 17 action cases have involved employee-related wage claims, including those similar to the causes of action 18 as presented in this matter. Examples in which the Firm's attomeys have represented or currently 19 represent class members include: Alameda County Superior Court case Britto v. Alliance Environmental 20 Group, VG-10553718; Kem County Superior Court cases Calvillo v. Diamond Well Service, S-1500- 21 CV 259751; Candete v. Cummings Transportation Service, S-1500-CV 264301; Carter v. B&L Tongs, 22 LLC, S-1500-CV-258154 SPC; and Gutierrez v. Halliburton Energy Services, Inc., S-1500-CV-257557 23 SPC; Los Angeles Coimty Superior Court case Henson v. Searles Valley Minerals Operations, Inc., 24 BC404330; San Francisco Superior Court case Icard v. Ecolab, Inc., CGC-09-495344 (removed as N.D. 25 Case No. 13-cv-05097-PJH); Solano County Superior Court case Kenton v. PGD, FCS 029221; and 26 Ventura County Superior Court cases Bautista v. Alliance Environmental Group, 56-2009-00357772- 27 CU-OE-VTA; Barragan v. Republic Drilling Co., 56-2007-00286959-CU-OE-VTA; Cortez v. Pool 28 California Energy Services, Inc., CIV 222363; Gonzalez v. Key Energy Services, Inc., CIV 236497; 3 DECLARATION OF BRUN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 1 Hemosillo v. Kenai Drilling, Ltd., CIV 237210; Hiriarte v. Weatherford U.S., LP., CIV 247425; Howe 2 V. BTC Laboratories, Inc., CIV 233988; Roe v. Ecolab, Inc., CIV 233936; Vasquez v. DCH (Oxnard) 3 Inc., CIV 243055; Ladore v. Ecolab, Inc., Case No. 2:11-cv- 09386 (FMO); Sean Pagel v. Dairy 4 Farmers of America, Inc., CD. Cal. Case No. 13-cv-02382-SVW-VBK; Zavala v. Resource Staffing, 5 Inc. et al, Kem County Case No. S-1500-CV-278358 LHB. 6 7. Prior to forming Palay Hefelfmger APC with Mr. Daniel J. Palay, I worked as an 7 associate attomey, and later of-counsel, at Strauss & Palay APC. In this capacity, all of my practice was 8 devoted to employment litigation on behalf of employees. Prior to this, I worked as an associate attomey 9 at Nordman Cormany Hair & Compton LLP, a comprehensive civil litigation firm in Ventura County, 10 Califomia. For the last several years, I have spent 95% of my time handling employment cases on behalf 11 of employees-only. I dedicate my practice to representing employees in mostly wage-and-hour and 12 related disputes. 13 8. I received an undergraduate degree from Califomia Institute of Technology in 2004. I 14 received my law degree from Pepperdine University School of Law in May of 2007. 1 was admitted to 15 the Califomia Bar in December 2007. Since my admission to the Bar, I have always practiced civil 16 litigation, including employment litigation. I am admitted to practice before all courts within Califomia, 17 including the District Courts of all four districts. I also am admitted and have appeared before the Ninth 18 Circuit Court of Appeals. 19 9. I have represented many plaintiffs in employment law matters, and also have been 20 appointed as Class Counsel in several wage-and-hour class actions. I have been involved in the local 21 community and bar associations and have been named as a Southem Califomia Rising Star 22 (Employment Litigation - Plaintiffs) by Super Lawyers® magazine as well as a Super Lawyer by the 23 publication. 24 I declare under penalty of perjury and under the laws of the United States of America that the 25 foregoing is tme and correct. Executed this 12th day of December 2019, at Ventura, Califomia 26 27 28 Brian D. Hefelfin DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION PROOF OF SERVICE 1 2 I am employed in the County of Ventura, State of Califomia. I am over the age of eighteen (18) years and not a party to the within action. My business address is 5450 3 Telegraph Road, Suite 200, Ventura, Califomia 93003. 4 On the date below, I caused to be served the foregoing document DECLARATION 5 OF BRIAN HEFELFINGER IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION on the interested parties in said action by placing the tme copies 6 thereof enclosed in sealed envelopes addressed as follows: 7 Keith A. Jacoby Attorneys for Defendants, Primeritus 8 Bradley E. Schwan Littler Mendelson, PC Financial Services and Chris 9 2049 Centtiry Park East, 5"' Floor McGinness 10 Los Angeles, CA 90067-3107 Tel: (310) 553-0308 / Fax: (310) 553-5583 11 kjacoby@littler.com/bschwan@littler.com 12 Nathaniel H. Jenkins Littler Mendelson, PC 13 500 Capitol Mall, Suite 2000 14 Sacramento, CA 95814 Tel: (916) 830-7200 / Fax: (916) 561-0828 15 njenkins@littler.com 16 17 (BY MAIL) I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. 18 Postal Service on that same day with postage thereon fully prepaid at Ventura Califomia in the ordinary course of business. 19 20 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. 21 22 Executed on December 12, 2019, at Ventura, Califomia. 23 24 Coleen De Leon 25 26 27 28 DECLARATION OF BRIAN D. HEFELFINGER ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION